The appeals regarding whether new and relevant evidence has been submitted for entitlement to service connection for various disabilities have been dismissed.
The deciding factor: The Veteran elected for Direct Review while his Higher-Level Review was still pending, which is not allowed under the regulations.
- Claimed conditions
- left ankle disability, right ankle disability, left knee disability, right knee disability, back disability, neck disability, obstructive sleep apnea, traumatic brain injury (TBI)/concussion
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072198
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.